The death due to a landmine blast connected to the use of the vehicle entitles the claimants to compensation under the Motor Vehicles Act, and negligence of the appellants in ensuring safety establishes their liability.

JUDGMENT

1. The instant appeal is directed against the Award dated 09.12.2017 passed by Motor Accident Claims Tribunal Pulwama, in 76/CP titled Abdul Gani Mir & Anr. Vs. State of J&K & Ors. seeking setting aside of the same.

2. Brief facts giving rise to laying of Motor Accident Claim and the appeal are that on 12.02.2003 the deceased namely Aijaz Ahmad Mir was travelling in a Police Gypsy bearing registration No. 4026-JK02Q belonging to appellants alongwith other police officials including Dy.SP DAR Awantipora and while proceeding towards Pampore and reaching near Konibal Bus Stop Pampore, the said gypsy was hit by a land mine blast pre planned by the anti social elements to kill the police personnel which resulted into death of the deceased namely Aijaz Ahmad Mir on spot, other police personnel were injured and said Gypsy was totally damaged. In this connection an FIR was lodged at Police Station Pampore.

3. Since the said occurrence involved the use of motor vehicle so the parents of the deceased filed a claim petition before MACT Pulwama to seek compensation under Motor Vehicles Act against the appellants. The claimants ( herein respondents) claimed compensation for the death of the deceased on the grounds that the deceased at the time of accident was a young healthy and hard working person at the age of 27 years. The deceased was working as SPO in Police Department and was receiving monthly salary of Rs. 3300/- and that the deceased was only bread earner of his family who was dependable on the earnings of the deceased. In view of good health and hard worker, the claimants were expecting that the deceased would have earned upto the age of 70 years, as such, the claimants are deprived from the future earning of the deceased. They claimed conpensation of Rs. 10,50,000/- under various heads.

4. The appellants strongly objected to the maintainability of the claim petition and resisted the claim on the grounds that the claimants have no cause of action against the appellants. Besides claimants have been compensated already as per the rules and norms. It is submitted that occurrence took place due to subversive activity, there being no negligence on part of the appellants herein vis-a-vis the occurrence. The occurrence is the result of well planned conspiracy of the militants and in this connection a case FIR No. 18/2003 U/Ss 302,307,427 RPC and 3/5 Explosive Substance Act ( ESA) was registered at P/S Pampore. They further submit that an ex-gratia relief of Rs. 1.90 laces have been paid by the department and brother of deceased was also provided employment in terms of SRO 43 of 1994, in the Flood and Irrigation Department by the Government for the death of deceased SPO.

5. On the basis of the pleadings of the parties, following issues were raised :

i. Whether on 12.02.2003, the deceased Aijaz Ahmad Mir while travelling in police gypsy bearing registration No. 4026-JKO2Q belonging to respondents and while reaching near Konibal bus stop the said gypsy was hit by a landmine blast resulting in the death of deceased on spot? ....OPP

ii. Whether the petitioners are entitled to compensation?....OPP

iii. Whether the deceased died due to IED blast carried out by militants while travelling in a gypsy bearing registration No. 4026-JK02Q belonging to the respondents as such death of the deceased is not outcome of motor vehicle accident?...OPR.

6. Only two witnesses, namely Aijaz Ahmad Bhat and Abdul Gani Mir were examined by the claimants. PW Aijaz Ahmad Bhat stated that he is the neighbor of the petitioners. Deceased who was working in police department was known to him. The vehicle in which Aijaz Ahmad Mir deceased was traveling got badly damaged. Deceased was the lone bread earner of his family and was unmarried; that he had not seen the blast with his own eyes. He at the time of blast was sitting at his home. Another witness Abdul Gani Mir, one of the claimants, corroborated the averments mentioned in the petition word by word. He admits that Ai